Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77805268 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Luminous sequential arrows; Beacon and sign lights; Highway safety cones; Illuminated highway safety cones; Traffic-light apparatus; Reflectors for traffic signals; Electronic transit information signs; Luminous or mechanical road signs; Luminous variable/dynamic signs using light emitting diodes, liquid crystal displays, incandescent bulbs or sealed beam lights and electronic controllers to produce real-time and programmable messages and information displays; Vehicular and construction safety-warning lights namely strobes, rotating lights and bar lights; Emergency warning lights; Warning flags; Warning triangles; Safety markers; Flashing safety lights; Highway flares; Reflective and illuminated clothing for safety purposes; Hard hats; Protective eyewear; Safety equipment, namely, beacon lights; Ear plugs for soundproofing
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Luminous sequential arrows; Traffic control equipment, namely, luminous sequential arrows, beacon and sign lights; Beacon and sign lights; Highway safety cones; Illuminated highway safety cones; Traffic-light apparatus; Reflectors for traffic signals; Electronic transit information signs; Luminous or mechanical road signs; Luminous variable/dynamic signs comprising light emitting diodes, liquid crystal displays, incandescent bulbs or sealed beam lights and electronic controllers to produce real-time and programmable messages and information displays; Luminous variable/dynamic signs using light emitting diodes, liquid crystal displays, incandescent bulbs or sealed beam lights and electronic controllers to produce real-time and programmable messages and information displays; Vehicular and construction safety-warning lights namely strobes, rotating lights and bar lights; Emergency warning lights; Warning flags; Warning triangles; Safety markers; Flashing safety lights; Highway flares; Reflective and illuminated clothing for safety purposes; Hard hats; Protective eyewear; Safety equipment, namely, beacon lights; Ear plugs for soundproofingClass 009 for Traffic control equipment, namely, luminous sequential arrows, beacon and sign lights; Highway safety cones; Illuminated highway safety cones; Traffic-light apparatus; Reflectors for traffic signals; Electronic transit information signs; Luminous or mechanical road signs; Luminous variable/dynamic signs comprising light emitting diodes, liquid crystal displays, incandescent bulbs or sealed beam lights and electronic controllers to produce real-time and programmable messages and information displays; Vehicular and construction safety-warning lights namely strobes, rotating lights and bar lights; Emergency warning lights; Warning flags; Warning triangles; Safety markers; Flashing safety lights; Highway flares; Reflective and illuminated clothing for safety purposes; Hard hats; Protective eyewear; Safety equipment, namely, beacon lights; Ear plugs for soundproofing
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Flashing strobe light apparatus; Outdoor lighting, namely, paver lights, light towers and lighting balloons
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed: Class 011 for Flashing strobe light apparatus; Outdoor lighting, namely, paver lights, light towers and lighting balloons
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 011. The specimen(s) submitted consists of scanned image of label.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicle-mounted motor vehicle crash attenuators
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed: Class 012 for Vehicle-mounted motor vehicle crash attenuators
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 012. The specimen(s) submitted consists of scanned image of label.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Reflective tape for use in: traffic safety and traffic management; Pavement marking tape; Pavement striping tape
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Reflective tape for use in: traffic safety and traffic management; Reflective tape for use in traffic safety and traffic management; Pavement marking tape; Pavement striping tapeClass 017 for Reflective tape for use in traffic safety and traffic management; Pavement marking tape; Pavement striping tape
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 017. The specimen(s) submitted consists of scanned image of label.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services, wholesale store services, leasing and distributorship services in the field of traffic control products, traffic safety products and equipment, pavement markings and traffic control supplies
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail store services, wholesale store services, leasing and distributorship services in the field of traffic control products, traffic safety products and equipment, pavement markings and traffic control supplies; Retail store services, wholesale store services and distributorship services featuring traffic control products, traffic safety products and equipment, pavement markings and traffic control suppliesClass 035 for Retail store services, wholesale store services and distributorship services featuring traffic control products, traffic safety products and equipment, pavement markings and traffic control supplies
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation, set-up and maintenance of vehicular traffic control products and work zones for others; pavement marking and striping services; sign and guardrail installation and repair services; attenuator installation and maintenance services; set-up and lay-out of traffic and construction signs and guardrails; consulting services in the field of lay-out, installation and maintenance of traffic signs and guardrails for roads; installation and repair of trailer hitches Installation and repair of trailer hitches, traffic control, traffic safety and traffic management equipment
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Installation, set-up and maintenance of vehicular traffic control products and work zones for others; Installation and maintenance of vehicular traffic control products and work zones for others; pavement marking and striping services; sign and guardrail installation and repair services; attenuator installation and maintenance services; set-up and lay-out of traffic and construction signs and guardrails; installation and maintenance of traffic and construction signs and guardrails; consulting services in the field of lay-out, installation and maintenance of traffic signs and guardrails for roads; consulting services in the field of installation and maintenance of traffic signs and guardrails for roads; installation and repair of trailer hitches Installation and repair of trailer hitches, traffic control, traffic safety and traffic management equipment; installation and repair of trailer hitches; installation and repair of traffic control, traffic safety and traffic management equipmentClass 037 for Installation and maintenance of vehicular traffic control products and work zones for others; pavement marking and striping services; sign and guardrail installation and repair services; attenuator installation and maintenance services; installation and maintenance of traffic and construction signs and guardrails; consulting services in the field of installation and maintenance of traffic signs and guardrails for roads; installation and repair of trailer hitches; installation and repair of traffic control, traffic safety and traffic management equipment
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Rental and leasing of traffic control, traffic safety and traffic management products and equipment; traffic management consulting services, namely, creating and developing traffic control plans for others; vehicular traffic control and management consulting services; emergency traffic management services, namely, creating and developing emergency traffic plans for others; vehicular traffic control, standards, specifications and management consulting services; traffic management services, namely, creating special event traffic plans for others
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Rental and leasing of traffic control, traffic safety and traffic management products and equipment; traffic management consulting services, namely, creating and developing traffic control plans for others; vehicular traffic control and management consulting services; emergency traffic management services, namely, creating and developing emergency traffic plans for others; vehicular traffic control, standards, specifications and management consulting services; vehicular traffic control, traffic standards, traffic specifications and traffic management consulting services; traffic management services, namely, creating special event traffic plans for othersClass 039 for Rental and leasing of traffic control, traffic safety and traffic management products and equipment; traffic management consulting services, namely, creating and developing traffic control plans for others; vehicular traffic control and management consulting services; emergency traffic management services, namely, creating and developing emergency traffic plans for others; vehicular traffic control, traffic standards, traffic specifications and traffic management consulting services; traffic management services, namely, creating special event traffic plans for others
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Traffic control training services; special event planning services; arranging and conducting special events and execution of special event programs
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.

Proposed:
Tracked Text Description: Traffic control training services; special event planning services; arranging and conducting special events and execution of special event programs; arranging and conducting special events and special event programsClass 041 for Traffic control training services; special event planning services; arranging and conducting special events and special event programs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/1975 and first used in commerce at least as early as 07/01/1975, and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Vanessa A. Ignacio/      Date: 11/20/2009
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member

Response Signature
Signature: /Vanessa A. Ignacio/     Date: 11/20/2009
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77805268
Internet Transmission Date: Fri Nov 20 18:04:50 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2009112018045018
5064-77805268-46027a9a4eb51e36c1962ea0c9
f945992-N/A-N/A-20091120165432194303